Richard Durbin on Government Reform

Democratic Sr Senator (IL)

Justices should not restrict our rights and freedoms

Time and again the vacancy you seek to fill was the most important vote on the court for civil rights, human rights, women’s rights, workers’ rights, and restraining an overreaching president. The person who fills the O’Connor vacancy will truly
tip the balance of the scales of justice in America. Judge Alito, millions of Americans are very concerned about your nomination. They are worried that you would be a judicial activist who would restrict our rights and freedoms.

Source: Sam Alito Senate Confirmation Hearings
, Jan 9, 2006

Voted YES on Congressional pay raise.

Congressional Summary:Makes appropriations to the Senate for FY2010 for:

expense allowances;

representation allowances for the Majority and Minority Leaders;

salaries of specified officers, employees, and committees (including the Committee on Appropriations);

agency contributions for employee benefits;

inquiries and investigations;

the Senate Caucus on International Narcotics Control;

the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;

miscellaneous items;

the Senators' Official Personnel and Office Expense Account; and

official mail costs.

Amends the Legislative Branch Appropriation Act of 1968 to increase by $50,000 the gross compensation paid all employees in the office of a Senator. Increases by $96,000 per year the aggregate amount authorized for the offices of the Majority and Minority Whip.

Proponent's argument to vote Yes:Rep. WASSERMAN SCHULTZ (D, FL-20): We, as Members of
Congress, have responsibility not just for the institution, but for the staff that work for this institution, and to preserve the facilities that help support this institution. We have endeavored to do that responsibly, and I believe we have accomplished that goal.

Opponent's argument to vote No:Rep. SCALISE (R, LA-1): It's a sad day when someone attempts to cut spending in a bill that grows government by the size of 7%, and it's not allowed to be debated on this House floor. Some of their Members actually used the term "nonsense" and "foolishness" when describing our amendments to cut spending; they call that a delaying tactic. Well, I think Americans all across this country want more of those types of delaying tactics to slow down this runaway train of massive Federal spending. Every dollar we spend from today all the way through the end of this year is borrowed money. We don't have that money. We need to control what we're spending.

Voted YES on providing a US House seat for the District of Columbia.

The District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.

DC shall not be considered a State for purposes of representation in the US Senate.

Reapportionment [census-based House seats] shall apply with respect to DC in the same manner as it applies to a State, except that DC may not receive more than one Member.

Effective with the 112th Congress, the House of Representatives shall be composed of 437 Members, including the Member representing DC.

The State of Utah is entitled to one additional Representative pursuant to this reapportionment.

Proponent's argument to vote Yes:Sen. ORRIN HATCH (R-UT): I am cosponsoring the legislation to provide a House seat for DC and an additional House seat for Utah. Representation and suffrage are so central to the American system of self-government that
America's founders warned that limiting suffrage would risk another revolution and could prevent ratification of the Constitution. The Supreme Court held in 1820 that Congress' legislative authority over DC allows taxation of DC. Do opponents of giving DC a House seat believe that DC is suitable for taxation but not for representation?

Opponent's argument to vote No:Sen. JOHN McCAIN (R-AZ): I make a constitutional point of order against this bill on the grounds that it violates article I, section 2, of the Constitution. I appreciate the frustration felt by the residents of DC at the absence of a vote in Congress. According to many experts, DC is not a State, so therefore is not entitled to that representation. Also, one has to raise the obvious question: If DC is entitled to a Representative, why isn't Puerto Rico, which would probably entail 9 or 10 Members of Congress? [With regards to the seat for Utah], this is obviously partisan horse-trading.

Voted YES on granting the District of Columbia a seat in Congress.

Considers D.C. a congressional district for purposes of representation in the House.

D.C. shall not be considered a state for representation in the Senate.

Limits D.C. to one Member under any reapportionment.

Increases membership of the House from 435 to 437.

Entitles Utah to one additional Representative until the next census, and modifies the reapportionment formula thereafter.

[Washington DC currently has a "delegate" to the US House, whose vote does not count. Utah had complained that the 2000 census did not count many Utahns on Mormon missions abroad].

Opponents recommend voting NO because:

Sen. BYRD: In 1978, I voted for H.J. Res. 554, that proposed amending the Constitution to provide for representation of D.C. [That amendment passed the Senate but was not ratified by the States]. While I recognize that others believe that the Constitution authorizes the
Congress to "exercise exclusive legislation" over D.C., the historical intent of the Founders on this point is unclear. I oppose S.1257, because I doubt that our Nation's Founding Fathers ever intended that the Congress should be able to change the text of the Constitution by passing a simple bill.

Proponents support voting YES because:

Sen. HATCH. There are conservative and liberal advocates on both sides of this issue,and think most people know Utah was not treated fairly after the last census. For those who are so sure this is unconstitutional, [we include an] expedited provision that will get us to the Supreme Court to make an appropriate decision. It will never pass as a constitutional amendment. There are 600,000 people in D.C., never contemplated by the Founders of this country to be without the right to vote. They are the only people in this country who do not have a right to vote for their own representative in the House. This bill would remedy that situation.

Voted NO on requiring photo ID to vote in federal elections.

Vote on Dole Amdt. S.2350, amending SP2350 (via the College Cost Reduction Act): To amend the Help America Vote Act of 2002 to require individuals voting in person to present photo identification.

Proponents support voting YES because:

Sen. DOLE. I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.

Opponents recommend voting NO because:

Sen. FEINSTEIN. If one would want to suppress the vote in the 2008 election, one would vote for this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Voted YES on allowing some lobbyist gifts to Congress.

A motion to table (kill) an amendment to clarify the application of the gift rule to lobbyists. Voting NAY would define employees of lobbying companies as registered lobbyists and therefore subject to the gift ban. Voting YEA would apply the gift ban only to specific people who registered as lobbyists.

Proponents of the amendment say to vote NAY on the tabling motion because:

Using the term "registered lobbyist'' will create a huge loophole. The Ethics Committee treats the actual listed lobbyists as registered lobbyists, but not the organization.

So, for example, a company can give a Senator free tickets to a show or a baseball game, as long as a lobbyist doesn't actually offer or handle them. If the lobbyist's secretary makes the call, that would be permitted.

If these companies can still give gifts, we won't have a real lobbyist gift ban. We won't be able to look the American people in the eye and say, "We just banned gifts from lobbyists,'' because we didn't.

Opponents of the amendment say to vote YEA on the tabling motion because:

I can tolerate not accepting gifts from lobbyists. But this amendment goes a step further which is problematic.

For example, I am a big fan of McDonald's. What about the kids working behind the counter? Would they be considered registered lobbyists because McDonald's has lobbyists? Would I not be able to go to lunch with my longtime friend who owns 12 McDonald's?

Every company in the Fortune 1000 employs a lobbyist, either a private firm or an in-house lobbyist. Under this amendment, every person who works for Exxon, Wal-Mart, Home Depot, and countless other businesses that employ lobbyists in Washington would be considered registered lobbyists.

If we want to ban the CEO and chairman of the board of the company from paying for a meal, or the head of a labor union, do that specifically. But this is so broadly developed I think it goes way beyond that.

Voted YES on establishing the Senate Office of Public Integrity.

An amendment to establish the Senate Office of Public Integrity. Voting YEA would establish the new office, and voting NAY would keep ethics investigations within the existing Senate Ethics Committee.

Proponents of the bill say to vote YEA because:

We have heard from the media about the bribes and scandals, but we have heard only silence from the House Ethics Committee. One of the greatest travesties of these scandals is not what Congress did, but what it didn't do.

The American people perceive the entire ethics system--House and Senate--to be broken. We can pass all the ethics reforms we want--gift bans, travel bans, lobbying restrictions--but none of them will make a difference if there isn't a nonpartisan, independent body that will help us enforce those laws.

The Office of Public Integrity established in this amendment would provide a voice that cannot be silenced by political pressures. It would have the power to initiate independent investigations
and bring its findings to the Ethics Committees in a transparent manner.

Opponents of the bill say to vote NAY because:

The Constitution gave us not only the right but the duty to create our own rules, including the rules concerning our ethics. They are enforced internally by the Senate itself.

The decisions made under this amendment would be no different than right now. The final decision will be made by the Senate Ethics Committee. All this really does is find a way to further publicize that complaints have been made.

We have people accusing us almost daily of having done something wrong and publishing it through blogs and all that. I think we should be very careful in setting up another tool for these bloggers to create more charges against the Senate.

I cannot support an amendment that either replaces the Senate Ethics Committee or adds another layer to our already expensive and time-consuming process. I urge the Senate to defeat this provision.

Vote on passage of H.R. 2356; Bipartisan Campaign Reform Act of 2002 (Shays-Meehan bill, House equivalent of McCain-Feingoldf bill). Vote to ban “soft money” contributions to national political parties but permit up to $10,000 in soft money contributions to state and local parties to help with voter registration and get-out-the-vote drives. The bill would stop issue ads from targeting specific candidates within 30 days of the primary or 60 days of the general election. Additionally, the bill would raise the individual contribution limit from $1,000 to $2,000 per election for House and Senate candidates, both of which would be indexed for inflation.

Voted NO on require photo ID (not just signature) for voter registration.

Motion to Table Schumer Amdt. No. 2937; To permit the use of a signature or personal mark for the purpose of verifying the identity of voters who register by mail, and for other purposes. Voting Yes would kill the amendment. The amendment would allow a signature to identify voters who register by mail, instead of requiring showing photo identification or other proof of residence before being allowed to vote.

Voted YES on banning campaign donations from unions & corporations.

Vote to ban soft money donations to political parties and forbid corporate general funds and union general funds from being spent on issue ads. The bill would increase the individual contribution limit to candidates from $1,000 to $2,000.

Voted YES on funding for National Endowment for the Arts.

This table motion would end debate on an amendment aimed at funding for the National Endowment for the Arts. Support for the motion to table is a vote for NEA funding. [YES to table means supporting the NEA; NO means defunding the NEA].
Status: Motion to Table Agreed to Y)80; N)16; NV)4

Reject photo ID requirements for voting.

Durbin co-sponsored rejecting photo ID requirements for voting

OFFICIAL CONGRESSIONAL SUMMARY: Expresses the sense of Congress that:

a requirement that U.S. citizens obtain photo identification cards before being able to vote has not been shown to ensure ballot integrity and places an undue burden on citizens' legitimate voting rights; (

the Department of Justice should challenge any state law that limits a citizen's ability to vote based on discriminatory photo identification requirements; and

any effort to impose national photo identification requirements for voting should be rejected.

SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: I am submitting a resolution to express the Senate's strong disapproval of recent efforts to disenfranchise Americans. Unfortunately, too many electoral reform efforts seem intent on limiting access to the ballot as opposed to expanding it. In the mid-20th century, the poll tax was the preferred means of disenfranchising large minority populations, specifically
African Americans. Today, the poll tax is taking on a new form--a photo identification requirement for voters.

According to the National Commission on Federal Election Reform, such a requirement would "impose an additional expense on the exercise of the franchise, a burden that would fall disproportionately on people who are poorer and urban." Nevertheless, a number of States, including Georgia, have recently passed laws mandating government-issued photo identification for voters at the polls. Nationwide, at least 12% of eligible drivers do not have a driver's license. And Georgia has made it difficult for rural and urban folks to obtain their voter photo identification.

The Carter-Baker Commission on Federal Election Reform acknowledges that there is "no evidence of extensive fraud in U.S. elections or of multiple voting."

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.

Post earmarks on the Internet before voting on them.

Durbin co-sponsored posting earmarks on the Internet before voting on them

OnTheIssues.org Explanation: This bill attempts to limit earmarks by publicizing them. Rather than banning earmarks, this bill requires that earmarks and other last-minute add-ins get posted on the Internet. Posting provisions on the Internet for 3 days is intended to restrict lobbyists influence on earmarks that would otherwise go unnoticed.

OFFICIAL CONGRESSIONAL SUMMARY:

Curtailing Lobbyist Effectiveness Through Advance Notification, Updates, and Posting Act or the CLEAN UP Act: Amends the Standing Rules of the Senate to:

Identify and explain separately each provision of a bill & identify the Member who proposed such provision.

Make each bill provision available to the general public by means of the
Internet for at least 72 hours before its consideration.

Prohibits consideration of an appropriation bill unless a list of all earmarks in the bill and accompanying reports is available in the same manner.

Allows a waiver of such prohibitions by a two-thirds majority vote of Members.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.

Prohibit voter intimidation in federal elections.

Makes it unlawful for anyone before or during a federal election to knowingly communicate false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters.

Introductory statement by Sponsor:

Sen. OBAMA: This bill seeks to address the all-too-common efforts to deceive voters in order to keep them away from the polls. It's hard to imagine that we even need a bill like this. But, unfortunately, there are people who will stop at nothing to try to deceive voters and keep them away from the polls. What's worse, these practices often target and exploit vulnerable populations, such as minorities, the disabled, or the poor. We saw countless examples in this past election.

Some of us remember the thousands of Latino voters in Orange County, California, who received letters warning them in
Spanish that, "if you are an immigrant, voting in a federal election is a crime that can result in incarceration."

Or the voters in Virginia who received calls from a so-called "Virginia Elections Commission" informing them--falsely--that they were ineligible to vote.

Or the voters who were told that they couldn't vote if they had family members who had been convicted of a crime.

Of course, these so-called warnings have no basis in fact, and are made with only one goal in mind--to keep Americans away from the polls. We see these problems election after election, and my hope is that this bill will finally stop these practices. This bill makes voter intimidation & deception punishable by law, and it contains strong penalties. The bill also seeks to address the real harm of these crimes--people who are prevented from voting by misinformation--by establishing a process for reaching out to these misinformed voters with accurate information so they can cast their votes in time.

Require full disclosure of independent campaign expenditures.

Durbin co-sponsored DISCLOSE Act

Congressional Summary:

Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2012 or DISCLOSE Act:

Amends the Federal Election Campaign Act of 1971 (FECA) to add to the definition of "independent expenditure" an expenditure by a person that expressly advocates the election or defeat of a clearly identified candidate, or takes a position on a candidates, qualifications, or fitness for office.

Expands the period during which certain communications are treated as electioneering communications.

Prescribes disclosure requirements for corporations, labor organizations, and certain other entities, including a political committee with an account established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under FECA (but only with respect to such accounts).

Repeals the prohibition against political contributions by individuals age 17 or younger.

Wikipedia & OnTheIssue Summary:

On January 21, 2010, the Supreme Court, in Citizens United v. Federal Election Commission, ruled that prohibiting corporations and unions from making independent expenditures in political campaigns was unconstitutional. This ruling is frequently described as permitting corporations and unions to donate to political campaigns, but these claims are incorrect. The ruling did remove the previous ban on corporations and organizations using their funds for direct advocacy, including endorsing for or against specific candidates, actions that were previously prohibited.

The result of Citizens United was that "Super PACs" spent millions on TV ads in the 2012 election, advocating both issues and candidates. The DISCLOSE Act attempts to reduce the negative effect of Citizens United by requiring disclosure of independent expenditures made by advocacy groups.

No photo IDs to vote; they suppress the vote.

Durbin signed Voting Rights Amendment Act

Congressional Summary:Amends the Voting Rights Act of 1965 with respect to the requirement that a federal court retain jurisdiction for an appropriate period to prevent commencement of new devices to deny or abridge the right to vote. Expands the types of violations triggering the authority of a court to retain such jurisdiction to include certain violations of the Act as well as violations of any federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group. [This bill would ban requiring photo IDs in order to vote].

Opponents recommend voting NO because:Sen. Bob Dole (on related bill from 2007, whether to add an amendment allowing photo ID): I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast
and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.Proponents support voting YES because:Sen. Dianne Feinstein (on related bill from 2007): If one would want to suppress the vote in the 2008 election, one would vote [for Dole's amendment] this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Matching fund for small donors, with debate requirements.

500% matching payments to candidates for certain small dollar contributions;

a public debate requirement;

establishment of the Fair Elections Fund and of a Fair Elections Oversight Board;

remission to the Fair Elections Fund of unspent funds after an election civil penalties for violation of contribution and expenditure requirements;

Requires all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC in electronic form accessible by computers.

Statement of support for corresponding Senate bill: (Sunlight Foundation) Now we bring you the Senate Campaign Disclosure Parity Act, a bill that should probably be the least controversial of all. S. 375 would simply require senators and Senate candidates to file their public campaign finance disclosure reports electronically with the Federal Election Commission,
the way House candidates and presidential candidates have been filing for over a decade. A version of the bill has been introduced during every congress starting in 2003 (!) yet it has been blocked repeatedly, a victim of political football.

Sen. Jon Tester, D-Mont., has introduced the most recent version, which would ensure that paper Senate campaign finance reports are a thing of the past. But even with 50 bipartisan cosponsors, the bill faces an uphill battle. Minority Leader Mitch McConnell, R-Ky, has repeatedly prevented the bill from coming to the Senate floor. We won't be deterred--as long as McConnell continues to block the bill, we'll continue to highlight that his intransigence results in delayed disclosure of vital, public campaign finance information, not to mention wasting $500,000 in taxpayer money annually. Eventually, we'll win.

Repeal automatic Congressional pay raises.

Durbin signed Stop the Congressional Pay Raise Act

A bill to prevent Members of Congress from receiving any automatic pay adjustment in 2010.

For purposes of the provision of law amended by section 704(a)(2)(B) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 2010 in the rates of pay under the General Schedule.